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Women are
56%
more likely to
live in poverty
than white men in
Michigan
Single-woman led households are at the
highest risk
of poverty in
Michigan
In
Michigan
, women earn
$0.73
for every dollar a white man makes
Women in
Michigan
are
63%
more likely to earn
minimum wage
than white men
Women in
Michigan
are
63%
more likely to earn a
tipped wage
than white men
In
Michigan
, at least
69%
of women are essential to the financial security of their household
Michigan’s equal pay requires equal pay for equal work, the performance of which requires equal skill, effort, and responsibility and that is performed under similar working conditions, based on sex.[1]
a. Affirmative Defenses: As an affirmative defense, an employer may argue the differential was based on a seniority or merit system, system that measures earnings by quantity or quality of production, or a differential based on a factor other than sex.[2]
b. Retaliation: Michigan’s equal pay law does not address retaliation.
[1] Mich. Comp. Laws § 408.943(1) (2022).
[2] Mich. Comp. Laws § 408.943(1) (2022).
No. Michigan’s law is consistent with federal law.
No. Michigan has pay transparency legislation pending but has not enacted a law mandating pay disclosure.
No. In fact, Michigan law prohibits localities from enacting salary history bans.[1] However, in 2019 the governor issued a directive forbidding state agencies from inquiring about a job applicant’s current or previous salaries, unless the applicant voluntarily provides the information or verification is required by law.[2]
[1] Mich. Comp. Laws § 123.1384 (2022).
[2] Governor Gretchen Whitmer, Executive Directive 2019-10, Equal Pay for Equal Work, Michigan.gov (Jan. 7, 2019), https://www.michigan.gov/whitmer/news/state-orders-and-directives/2019/01/07/executive-directive-2019-10.
Yes. Under Michigan law, an employer cannot forbid employees from disclosing pay or discipline employees for doing so.[1]
[1] Mich. Comp. Laws § 408.483a (2022).
No. Michigan currently does not have a pay data reporting law in effect.
Yes. The minimum wage in Michigan is above the federal minimum wage.[1] The minimum wage is scheduled to increase annually through 2028, and in 2029, it will be indexed to inflation.[2]
Michigan law prohibits localities from adopting a minimum wage higher than the state minimum wage.[3]
[1] The Michigan Minimum Wage Effective January 1, 2022 is $9.87, Michigan.gov, https://www.michigan.gov/leo/bureaus-agencies/ber/wage-and-hour/links/the-michigan-minimum-wage-rate(last visited Oct. 30, 2022).
[2] Mothering Justice v. Attorney General, No. 165325 (Mich. July 1, 2024), https://www.courts.michigan.gov/4a2778/siteassets/case-documents/uploads/opinions/final/sct/165325_115_01.pdf.
[3] Mich. Comp. Laws § 123.1385.
No. Currently, employers can pay certain tipped workers less than minimum wage.[1] There are also other minimum wage exceptions, including, for example, workers under 18 years old.[2]
However, under a recent Michigan Supreme Court decision, the tipped minimum wage will be phased out; starting in 2029, tipped workers must earn the full minimum wage.[3]
[1] Informational Sheet: Minimum Wage, Tipped Employees, Michigan.gov (Dec. 2021), https://www.michigan.gov/-/media/Project/Websites/leo/Documents/WAGE-HOUR/WHD-99xx-Information-Sheets/WHD-9921-tipped-ee/MW_InfoSheet_Tipped_ee_9_25_06.pdf?rev=716c9d19d799461db747a9c7f2ea69f8.
[2] Mich. Comp. Laws § 408.934b (2022); see also Mich. Comp. Laws § 408.934c (2022).
[3] Mothering Justice v. Attorney General, No. 165325 (Mich. July 1, 2024), https://www.courts.michigan.gov/4a2778/siteassets/case-documents/uploads/opinions/final/sct/165325_115_01.pdf.
Yes. Most Michigan employers must pay wages at least monthly.[1]
[1] Mich. Comp. Laws § 408.472(4) (2022).
Yes. When paying wages, the employer generally must furnish a pay statement for each pay period with the number of hours worked, gross wages, pay period, and deductions.[1]
[1] Mich. Comp. Laws §§ 408.937, 408.479(2) (2022).
Generally, overtime payment is required for eligible employees who work over 40 hours, with certain exceptions.[1]
[1] Mich. Comp. Laws § 408.934a(1) (2022).
Yes. Michigan law includes prohibitions against wage theft. An employee can file a complaint for non-payment of wages or fringe benefits with the Michigan Wage and Hour Division of the Department of Labor.[1] The Department can order wages and fringe benefits due, a 10% penalty, exemplary damages of not more than the twice the amount of wages and fringe benefits due, attorneys costs, hearing costs, transcript costs, and civil penalty of not more than $1,000.[2] Employers who file complaints are also protected from retaliation.[3] Non-payment of wages is also a misdemeanor.[4] An employer who does so with intent to defraud is punishable by a fine of not more than $1,000, or imprisonment for not more than one year.[5]
[1] Filing a Complaint for Non-Payment of Wages or Fringe Benefits, Michigan.gov, https://www.michigan.gov/helpinghand/unemployment/filing-a-complaint-for-non-payment-of-wages-or-fringe-benefits(last visited Oct. 30, 2022); Mich. Comp. Laws §§ 408.481, 408.488 (2022).
[2] Mich. Comp. Laws § 408.488 (2022).
[3] Mich. Comp. Laws § 408.483 (2022).
[4] Mich. Comp. Laws § 408.484 (2022).
[5] Mich. Comp. Laws § 408.485 (2022).
